| THE PEOPLE V DOUGLAS A. BRUCE |
| Motion No: KA 16-00705 |
| Slip Opinion No: 2016 NY Slip Op 74561(U) |
| Decided on May 19, 2016 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 16-00705
SCI No: 2011-203
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DOUGLAS A. BRUCE,
DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from a judgment of the Niagara County Court, rendered January 20, 2012, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of Laura T. Bittner, Esq. sworn to April 26, 2016, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as unnecessary.
Memorandum: Absent proof that defendant timely filed and served his pro se notice of appeal pursuant to CPL 460.10, there is no appeal pending.
Entered: May 19, 2016
Frances E. Cafarell, Clerk